Govt must ensure strict observance of corona SOPs

LAHORE: The Lahore High Court on Wednesday turned down a request to restrain the Pakistan Democratic Movement (PDM) from holding its public meeting at Minar-e-Pakistan on December 13. “This is an administrative and policy matter, hence no interference is required by this court,” Justice Jawad Hassan observed while disposing of two petitions against the PDM meeting. The judge observed that the petitioners had no locus standi to agitate the matter as their fundamental rights to life as guaranteed under the Constitution had not been infringed due to rallies/meetings to be arranged by political parties. “The petitioners are not political workers and neither intend to attend any political meeting, therefore, there is no possibility of petitioners being infected by COVID-19. So they have no locus standi to file these petitions,” the judge remarked in his 14-page verdict.

Additional Advocate General Barrister Umair Khan Niazi also challenged the locus standi of the petitioners and said they did not approach the authority concerned before knocking at the door of the court. The law officer told the court that an application had been filed with the deputy commissioner of Lahore on behalf of the PDM to hold the public meeting at Minar-e-Pakistan on Dec 13. He said subsequent permission may be granted and an NOC may also be issued for the same. He said the District Intelligence Committee (DIC) recommended the government that the NOC may not be issued for holding of public meeting at Minar-e-Pakistan.

Justice Hassan observed that to secure fundamental rights, every citizen had to adhere to the SOPs issued from time to time by the government, which were binding on them under the doctrine of sovereignty. However, the judge noted that the Constitution clearly depicted that every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order. The judge observed that since the required permission had been sought by political parties and the matter was now pending before the provincial intelligence committee, therefore, the court could not interfere in the policies of the government. However, the judge directed government functionaries to ensure strict observance of decisions of the authorities concerned and SOPs laid down by the NCOC and federal and Punjab governments.

The judge remarked that it would also be the obligatory duty of the political parties/workers being citizens of Pakistan to follow the SOPs, guidelines of government regarding social distancing and sanitization.